Standard for Employment
Many H.R. Departments pride themselves on the skill with which they can interview prospective employees in order to assess their qualifications for the position being advertised, the fit of the employee with the organization, and the likelihood that the employee will stay with the organization for a reasonable period of time. What employers are often not cognizant of is the limitation imposed on this process by the provisions of various provincial and federal Human Rights statutes.
In the recent decision Fair and Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal provides a useful guide for employers to follow in determining how to return an employee to the workplace after an extended absence.
Recently, some of our clients received a notice from the government reminding them to file an Accessibility Report. This was an eye opener to employers who have let the Accessibility for Ontarians with Disabilities Act (AODA), Customer Service compliance deadlines slip through the cracks. Some simply forgot to file. However, others were reminded they have not yet implemented all the Customer Service Standard requirements.
Integrating the psychological health and safety standard into existing organizational policies and processes
On January 16, 2013, the Standards Council of Canada (CSA) published a new national standard dealing with psychological health and safety in the workplace. Although not a mandatory standard at this time, it is foreseeable that legislators, health and safety officers and inspectors, adjudicators and tribunals will be influenced by the standard when dealing with psychological and mental health issues in the workplace. In addition, such standards may be absorbed into the employer’s general duty to protect workers from harm in the workplace, which exists in all jurisdictions in Canada. Employers should also scrutinize their workplace operations, policies, procedures and processes under the auspices of the psychological health and safety system recommended in the standard.
The Accessibility Standard for Employment will help Ontario businesses and organizations make accessibility a regular part of finding, hiring and supporting employees with disabilities.
Ontario’s Accessibility Standard for Customer Service came into effect on January 1, 2012 for all businesses and not-for-profits in the province with more than one employee. If an organization has more than 20 employees, an online report must be filed by December 31, 2012 to demonstrate to the government that accessibility has been achieved under the Customer Service Standard. Many organizations are now asking “what comes next?”
The three most popular HRinfodesk articles this week deal with managing short-term absences, what’s new for payroll 2013, and alleged termination for expressing religious and political views.
Slaw: Case of employer who discriminated against disabled employee for paying her $1.25 per hour… reconsidered
Last May 2012, an adjudicator upheld a prior Ontario Human Rights Tribunal decision (January 2012) that an employer discriminated against a long-time employee when it was decided to terminate her because she suffered from a disability. However, the damage award based on her $1.25 per hour wage rate was not reconsidered since the employee never complained during the years she worked there.
On Thursday, September 13, 2012, the Ontario Human Rights Commission (OHRC) released Minds That Matter: Report on the consultation on human rights, mental health and addictions, which is the result of what they heard from the consultation across the province and sets out a number of key recommendations and commitments to address human rights issues that affect people with mental health disabilities or addictions.
Slaw: Recommendations for new Manitoba legislation to remove barriers faced by people with disabilities
Manitoba is the second province in Canada that intends to make their province accessible for persons with disabilities by developing specific standards of accessibility in a number of key areas.
After weeks of intense competition and countless appetizing foods, only two remained, Josh Marks and Christine Ha, the show’s first contestant with a disability. She is blind.